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(영문) 대전지방법원 2016.09.29 2015가단39798
구상금
Text

1. The Defendant shall pay to the Plaintiff the full amount of KRW 17,039,560 and KRW 16,086,840, out of the above amount, from January 12, 2016.

Reasons

1. Basic facts

A. From July 2013 to July 1, 2018, the Defendant concluded a guarantee insurance contract with the Korea Employment Agency for Disabled Persons (hereinafter referred to as the “insured”), the insurance coverage amount of KRW 40,00,000, and the insurance coverage period from July 2, 2013 to July 1, 2018 in order to guarantee the repayment of the grant-free subsidy granted from the Employment Agency for Disabled Persons.

(hereinafter “instant guarantee agreement”). B.

The contents of the instant guarantee agreement are as follows: (a) where the Defendant fails to perform its obligation to the insured, the Plaintiff paid damages incurred by the insured on behalf of the insured within the insurance coverage amount; and (b) the Defendant calculated the number of delayed days on a daily basis from the day following the payment of the subrogated insurance money and the insurance money to the day after full payment is made; and (c) calculated the number of delayed days on a daily basis from the day after the payment of the insurance money to the Plaintiff; and (d) agreed to pay overdue

C. The Defendant did not discharge the obligation to the insured, and the insured claimed insurance money to the Plaintiff, and on September 1, 2015, the Plaintiff subrogated to the insured amounting to KRW 28,66,00.

On December 24, 2015, the Defendant entered into an agreement on debt adjustment and repayment with the Plaintiff as follows:

As of December 24, 2015, interest 28,66,00 won, interest 2,605,399 won (interest 1,757,209 won, interest 848,190 won, interest 1,757,209 won, interest 431,490 won, total amount of 31,702,889 won on the day, and the remainder amount of 18,702,889 won shall be repaid in installments from January 24, 2016 to March 3, 2017.

E. On December 24, 2015, the Defendant paid KRW 13,000,000 to the Plaintiff, and thereafter, the Defendant did not pay KRW 10,650 to the Plaintiff, in addition to paying KRW 10,650 on January 11, 2016.

F. Accordingly, the Plaintiff shall continue at least three times.

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